On April 11, 2025, the National Women’s Law Center submitted a comment on a proposed rule by the Department of Health and Human Services (HHS) regarding Marketplace enrollment and eligibility. If finalized, this rule would deprive eligible individuals of affordable coverage, limit their enrollment opportunities, and undermine the value of their coverage. For example, the proposed rule seeks to strip Deferred Action for Childhood Arrival (DACA) recipients of their eligibility to enroll in Marketplace plans; create unwarranted barriers to coverage and subsidies; undermine the Open Enrollment Period and Special Enrollment Periods; and prohibit the coverage of health care for transgender people as an Essential Health Benefit.

Our comment lays out the widespread harms this rule would have, especially for communities who already face barriers to coverage and care. We also explain why HHS’ unjustified proposals run contrary to the evidence and to the requirements of the Affordable Care Act.